D.C. police: Illegal for David Gregory to show empty gun magazine on TV

12/26/12 5:26 PM EST

A Washington Metropolitan Police Department spokesman tells POLITICO that it was illegal for NBC's David Gregory to show an empty gun magazine on television last Sunday, even if it was empty.

The spokesman also said he could not confirm a report by TMZ, the Hollywood gossip site, alleging that a D.C. police official told a member of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives just the opposite, leading Gregory and his team at NBC's "Meet the Press" to believe he could legally show an empty magazine on television.

"I don't know where they got their information. I can't confirm what they said," Officer Paul Metcalf told POLITICO. "All I can say for now is that the matter is still under investigation."

Asked whether it would be legal to show a magazine without bullets, Metcalf replied: "It'd still be illegal."

On Wednesday afternoon, TMZ reported that a representative from "Meet the Press" had inquired about the legality with a member of the ATF, who then contacted a member of the D.C. police. Citing "well-informed law enforcement sources," TMZ reported that the D.C. police official informed the ATF official that Gregory could legally show the magazine, provided it was empty. The ATF official then called the staffer from "Meet the Press" to inform them they could use the magazine, TMZ reported.

If true, the D.C. police official's statement would contradict a statement issued by the Metropolitan Police Department earlier today.

"NBC contacted [the D.C. Metropolitan Police Department] inquiring if they could utilize a high capacity magazine for their segment,” Gwendolyn Crump, a police spokeswoman, said in an email this morning. “NBC was informed that possession of a high capacity magazine is not permissible and their request was denied. This matter is currently being investigated.”

NBC News has declined to comment on any aspect of the investigation. Gregory is on vacation and will not appear on "Meet the Press" again until Sunday, Jan. 5.

The ATF did not immediately respond to a request for comment.

UPDATE (7:35 p.m.): An ATF official tells POLITICO that the information the D.C. Police official provided to the ATF, which the ATF then provided to "Meet The Press," was inaccurate.

The D.C. Police official cited in the TMZ report incorrectly told the ATF that it would not be illegal for Gregory to show an empty gun magazine on Meet The Press.